Property, Leasehold and Housing

Restrictive covenant modified in housebuilding case

The Upper Tribunal was asked to consider modifying a restrictive covenant which restricted house building in Anne Hennessey v Gary Mark Kent . It was held that, because the land in question was already surrounded on three sides by houses, this was a...

Secure tenant was too late to apply for statutory review of a possession order

In the case of Aaron Harris v Hounslow London Borough Council , it was decided that it was too late for a secure tenant to secure a statutory review of a local authority’s decision to apply for a possession order. This was because the seven days set...

Landlord must comply with statutes to succeed at forfeiture

The forfeiture of a tenant's 900-year lease for non-payment of rent failed as the landlord had not complied with statutory provisions, said the Upper Tribunal in the case of Cheerupmate2 Ltd v Calce . The appellant, Cheerupmate2 Ltd, was the landlord...

Were insurance charges made by landlord reasonable? No

Insurance charges made by a landlord of a block of flats were not payable by the tenants, as they were not "reasonably incurred", the Upper Tribunal agreed with the First Tier Tribunal following an application by one of the tenants. The case of ...

Greater clarification on High Court role in possession of land sought

The appeal in Partridge v Gupta dealt with the enforcement in the High Court of an order for possession of land. Sitting in the Queen’s Bench Division of the High Court, Mr Justice Foskett said that many possession orders made in the County Court...

Property appears in Budget twice: stamp duty relief and housing investment

In a move that is being touted as both a give-away and counter-productive, the Chancellor of the Exchequer announced in the Autumn Budget 2017 a relief from stamp duty land tax (SDLT) for first-time buyers. The relief will apply from 22 November 2017 to...

Landlord not liable for tenant's death from asbestos exposure

The landlord of a flat containing asbestos was not responsible for the death of a tenant who suffered from malignant mesothelioma. That was the decision of the High Court in a case involving the family of the tenant and Hammersmith Council. A claim for...

£2.3 billion fund to unlock 100,000 new homes

The government has announced a £2.3 billion fund which will help unlock 100,000 new homes in areas of high demand. Communities Secretary Sajid Javid said hundreds of housing developments were being held up because of a lack of local infrastructure. ...

Service charge 'enforceable because tenant waived invalidity'

A landlord has won its appeal over the validity of service charges even though it was late in giving notice. The court held that it was enforceable because the tenant had “waived the invalidity”. The case involved Southwark Council and one of...

Claim dismissed for order to extend lease to 999 years with no premium

The Chancery Division of the High Court heard an appeal from the Southend County Court in which it dismissed the claimant’s appeal against a decision dismissing her claim for an order to extend the lease on her flat to 999 years with no premium. The...
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